Karnataka High Court
Sri.T.M. Sanna Kotraiah S/O ... vs The State Of Karnataka on 27 August, 2020
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
:1: CRL.P.NO.100902/2020
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27TH DAY OF AUGUST, 2020
BEFORE
THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.100902 OF 2020
Between:
Shri T.M.Sanna Kotraiah S/o.Shiva Murthaiah,
Age 43 years, Occ: Agriculture,
R/o.: Ward No.6, Basaveshwar Nagar,
Near Kolashantheshwara High School,
Kottur Town, Dist.: Ballari-583 103.
... Petitiioner
(By Shri Srinand A.Pachhapure, Advocate)
And:
The State of Karnataka,
Through Hagari Bommanahalli Police Station,
Now Rep. by State Public Prosecutor,
High Court of Karnataka, Dharwad,
Bench at Dharwad-580 007.
... Respondent
(By Miss Seema Shiva Naik, HCGP)
This criminal petition is filed under Section 438 of
Cr.P.C. seeking to grant anticipatory bail to the petitioner-
accused No.2 in the event of his arrest in Hagari
Bommanahalli Police Station Crime No.100/2020 registered
for the offences punishable under Sections 403, 406, 408 and
409 of IPC by Hagari Bommanahalli Police Station, pending on
the file of the Prl. Civil Judge (Sr.Dn.) & CJM, Hagari
Bommanahalli.
This petition coming on for orders, this day, the Court
made the following:
:2: CRL.P.NO.100902/2020
ORDER
1. Miss Seema Shiva Naik, learned HCGP is directed to take notice for respondent.
2. The petitioner - accused No.2 is before this Court seeking to be enlarged on anticipatory bail in the event of his arrest in Hagari Bommanahalli P.S. Crime No.100 of 2020 registered for the offences punishable under Sections 403, 406, 408 and 409 of IPC, pending on the file of Prl. Civil Judge (Sr.Dn.) and CJM, Hagari Bommanahalli.
3. The case of the prosecution is that the complainant, who is Joint Director (Training) and Ex.-officio, Joint Apprenticeship Adviser, Department of Industrial Training and Employment, Division Officer, Kalaburgi lodged a complaint on 17.06.2020 that under the S.C.P. and T.S.P. Scheme, the Government had undertaken to provide Laptops to the SC/ST I.T.I. Students free of cost. It is alleged that accused Nos.1, who is Principal of Shri Guru :3: CRL.P.NO.100902/2020 Kottureshwara Private I.T.I. College, Hagari Bommanahalli and accused No.4 - Sharukh sold the Laptops at Brundavana Hotel, Station Road, Dharwad and they were caught red-handed by the Vidyagiri Police, Dharwad who registered the case in Crime No.154 of 2019 for the offences punishable under Sections 41(1)(d), 102 of Cr.P.C. read with Section 380 of IPC.
4. Subsequent thereto, the Commissioner, the Department of Industrial Training and Employment, Ballari had directed the Complainant to conduct an enquiry into the matter and submit a report. The complainant carried out the said enquiry and submitted a report stating that accused No.1 being Principal, accused No.2 being Administrator of the College, accused No.3 being Nodal Officer of the College, had all colluded with each other and misappropriated the laptops, which were supplied as welfare measure under S.C.P and T.S.P. Scheme :4: CRL.P.NO.100902/2020 for the benefit of SC/ST ITI Students for the academic year 2016-17. In furtherance of which, the above complaint came to be registered.
5. Shri Srinand A.Pachhapure, learned counsel for the petitioners would submit that the petitioner-accused No.2 is not connected with the offences committed by accused Nos.1, 3 and 4. In fact, immediately on coming to know about the offences, the petitioner has initiated action against them by issuing show cause notice on 20.04.2020 and subsequent to the enquiry accused No.1 has been suspended vide order dated 30.04.2020. The said document having been produced along with the memo dated 24.08.2020. In the above background, he submits that the petitioner-accused No.2 not being involved in any of the offences and accused Nos.1, 3 and 4 have acted by themselves, the petitioner is not concerned with same.
:5: CRL.P.NO.100902/2020
6. Be that as it may, he submits that the petitioner would co-operate with the investigation and make himself available for any questioning by the Investigating Officer as also comply with any conditions that may be imposed by this Court and on this ground, he seeks for petition to be allowed.
7. Per contra, Miss Seema Shiva Naik, learned HCGP for the respondent-State would submit that the offences alleged against the petitioner concerned are serious, more so, when the petitioner is alleged to have misappropriated the laptops, which were required to be made available free of cost to the SC/ST ITI Students and instead of doing so, welfare measure of the State have been usurped by the petitioner and other accused. She further submits that all documents being available with the petitioner, the petitioner is likely to tamper with the documents and therefore, it is required that the petitioner be arrested and taken to judicial custody :6: CRL.P.NO.100902/2020 and is interrogated custodially. On this basis, she opposes the grant of anticipatory bail.
8. Heard Shri Srinand A.Pachhapure, learned counsel for the petitioner and Miss Seema Shiva Naik, learned HCGP for the respondent-State. Perused the papers.
9. Though there are serious allegations, which are made against the petitioner, the matter is still pending for investigation. The fact that the petitioner and college have issued show cause notice to accused No.1 and immediately suspended him indicates at this stage that accused No.1 was acting in collusion with accused No.3 and 4 and the petitioner-accused No.2 was not involved in the said collusion. This, however, it is required to be established during the course of investigation, taking note of the fact that the investigation is under progress and that all persons involved therein would be dealt with in accordance with law. I am of :7: CRL.P.NO.100902/2020 the considered opinion that at this stage the petitioner-accused No.2 would be required to be enlarged on anticipatory bail. Hence, I pass the following.
ORDER
10. The anticipatory bail petition filed by the petitioner-
accused No.2 under Section 438 of Cr.P.C. is allowed. The petitioner is ordered to be released on bail in the event of his arrest in Hagari Bommanahalli P.S. Crime No.100 of 2020, on the following conditions:
(i) The petitioner shall furnish a personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties for the likesum to the satisfaction of the Trial court;
(ii) The petitioner shall make available all documents electronic or otherwise to the Investigating Officer pertaining to the S.C.P. and T.S.P. Scheme, receipt and distribution of laptop, correspondences, :8: CRL.P.NO.100902/2020 acknowledgement etc., while distributing the laptops to the Investigating Officer.
(iii) The petitioner shall be regular in appearing before the Court on every date of hearing as also when called upon to do so by the trial Court;
(iv) The petitioner shall not tamper with evidence or cause any threat to any of the prosecution witness/s in any manner.
(v) The petitioner shall appear before the Investigating Officer as and when called and submit all documents and details as may be called upon by the Investigating Officer.
(vi) The petitioner shall not leave the jurisdiction of this Court without prior permission.
(vii) In the event of violation of any of the above terms, the above bail shall stand automatically cancelled.
11. The observation made above is only for the purpose of consideration of the application for bail and the :9: CRL.P.NO.100902/2020 same shall not in any manner influence the trial. The trial Court shall dispose of the matter on merits without being influenced by this order.
SD/-
JUDGE Vnp*